Striking Pleadings — Ontario Employment Law

D. v. JCD Property Ltd.

Wrongful Dismissal: Procedural Ruling on Stay and Striking Pleadings

This is a procedural ruling in a wrongful dismissal action where the court addressed issues of non-compliance with court orders by the respondents. The court stayed the wrongful dismissal action pending amendment of the statement of claim and struck pleadings for deliberate non-compliance with disclosure orders. Costs were awarded against the respondents on a partial indemnity basis.

W. et al v. Durham Regional Police Service et al

This is a procedural ruling regarding a motion to strike pleadings in a labour law dispute involving collective agreements and grievances under the Police Services Act.

O. v. O.

O. v. O.: Contempt and Striking Pleadings

This is an appeal from a motion judge's decision to strike pleadings and dismiss a wrongful dismissal action due to the appellant's breach of the deemed undertaking rule and civil contempt. The appellant had disclosed confidential discovery materials to the media and violated court orders regarding a union contact list. The Court of Appeal reduced the sentence for contempt but upheld the dismissal of the underlying employment claim.

R. v. Deloitte

Wrongful Dismissal: Discovery Plan and Costs Motion

This interlocutory motion in a wrongful dismissal case addressed procedural disputes regarding discovery plans and the striking of pleadings due to discovery delays. The court declined to strike the defendant's pleadings, instead imposing an updated discovery plan and timelines, and awarded the plaintiff partial indemnity costs of $2,000 for the motion.

A. v. Torstar et al.

Workplace Discrimination: Claim Struck Due to Release

This is an interlocutory proceeding where the defendants moved to strike the plaintiff's statement of claim. The plaintiff alleged racial discrimination and breach of contract following termination, but the court found the claim disclosed no reasonable cause of action, partly because a signed release agreement barred the discrimination claim.

L. v. Canadian Blood Services

Wrongful Dismissal: Motion to Strike Pleadings

This is an interlocutory proceeding in a wrongful dismissal case where the defendant sought to strike the plaintiff's pleadings under Rules 25.06 and 25.11, arguing that the statement of claim disclosed no reasonable cause of action.

K. v. IBM Canada Limited

Age Discrimination: Striking Broad Pleadings in Wrongful Dismissal

This is an interlocutory procedural decision regarding the scope of pleadings in a wrongful dismissal and age discrimination case. The court addressed a motion to strike parts of the plaintiff's statement of claim that alleged IBM 'regularly hired younger employees,' ruling that such broad allegations were irrelevant and should be narrowed to define an appropriate comparator group under the Ontario Human Rights Code. Additionally, evidence referencing a separate U.S. entity was excluded as irrelevant to the claim against IBM Canada Limited.

M. v. R.-Z.

Striking Pleadings in Discrimination Case

This is an interlocutory motion regarding the striking of pleadings in an employment dispute involving allegations of constructive dismissal and systemic workplace discrimination. The court considered whether broad allegations of discriminatory conduct by the employer were scandalous, frivolous, or vexatious, and whether they constituted admissible similar fact evidence to support punitive damages.

A. v. Fiera Foods Company

Employment Standards: Director Liability for Unpaid Wages

This is an appeal from a procedural ruling in an employment standards action where the plaintiff sought unpaid wages and vacation pay from the employer and its directors. The Court of Appeal found that the motion judge did not err in striking the ESA claim because statutory preconditions were not pleaded, but found the judge erred in striking the OBCA director liability claim. The oppression remedy claim was properly struck, and the costs award was reduced to reflect the partial success on appeal.

A.E. v. National Hockey League

NHL Constructive Dismissal: Striking Pleadings Motion

This is an interlocutory proceeding concerning a motion to strike the Statement of Claim in a wrongful and constructive dismissal action brought by a former player against the National Hockey League. The court examined whether the pleadings disclosed reasonable causes of action for constructive dismissal, negligence, intentional infliction of mental suffering, and discrimination under the Ontario Human Rights Code.

A. v. Longo Brothers Fruit Market Inc.

A. v. Longo Brothers Fruit Market Inc.

This was an appeal to the Court of Appeal from a motion judge's decision dismissing the employee's application against the employer and the Human Rights Tribunal of Ontario (HRTO). The employee had settled a civil action against the employer, agreeing not to pursue further claims, but later filed an application seeking damages because the employer did not respond to his HRTO complaint. The motion judge dismissed the application as frivolous and vexatious under Rule 2.1.01, without requesting submissions. The Court of Appeal upheld this decision, finding no error in the motion judge's exercise of discretion to dismiss a claim that lacked any legal basis.

L. v. Audmet Canada

This is an interlocutory motion regarding the striking of pleadings in a wrongful dismissal action. The defendant sought to strike portions of the plaintiff's pleadings that referenced privileged, without prejudice settlement discussions and alleged bad faith, arguing they violated rules regarding the proper form of pleadings and the inadmissibility of settlement negotiations.

J. v. Canadian Imperial Bank of Commerce

J. v. CIBC: Action Dismissed as Abuse of Process

This was an appeal to the Court of Appeal from a motion judge's order dismissing the employee's action. The employee had sued the Canadian Imperial Bank of Commerce and an individual defendant. The motion judge dismissed the action as frivolous, vexatious, and an abuse of process, finding it was an attempt to relitigate unsuccessful proceedings before other bodies and courts. The Court of Appeal agreed that the appellant was seeking to relitigate previous decisions, which had run their course, and dismissed the appeal.

T. v. Workplace Safety & Insurance Board

WSIB Exclusive Jurisdiction: No Civil Damages

This is a procedural ruling on jurisdiction and pleadings in a workplace injury context. The appellant sought damages against the Workplace Safety & Insurance Board and Appeals Tribunal for denial of benefits and alleged torts, including misfeasance in public office. The Court of Appeal held that section 123 of the Workplace Safety and Insurance Act confers exclusive jurisdiction to the Board and Tribunal, precluding civil actions for damages, and denied leave to amend pleadings.

G. v. North East Community Care Access Centre

A wrongful dismissal case involving allegations of just cause for termination and human rights violations, which proceeded to a procedural motion regarding the striking of pleadings as frivolous or vexatious.

B. v KMI Brokers Inc. et al

Wrongful Dismissal: Striking Pleadings for Disclosure Breaches

This is an interlocutory motion in a wrongful dismissal case where the plaintiff sought to strike the defendant's Statement of Defence due to procedural breaches. The defendants failed to comply with court orders and deliver a proper Affidavit of Documents, raising issues regarding the reasonableness of their explanation and the conduct of counsel. The court considered whether striking pleadings was justified as a last resort under Rule 30.03 of the Rules of Civil Procedure.

T. v. University of Western Ontario

T. v. University of Western Ontario - Court Overturns

This is an appeal to the Court of Appeal from an order striking portions of a statement of claim on a pleadings motion. A dismissed radiology resident sued the university and faculty members for conspiracy and other claims. The motion judge struck the conspiracy claim against two faculty members, finding it was discovered more than two years before the action was commenced. The Court of Appeal allowed the appeal, holding that a limitation defence should be pleaded in a statement of defence rather than decided on a motion to strike, allowing the plaintiff to reply regarding discoverability.

B. v The Centre for Spanish Speaking Peoples

This is a procedural ruling on a motion to strike pleadings in an employment-related action. The court addressed claims against individual employees, including lawyers, for actions taken in the course of employment, finding that personal liability is limited to circumstances involving fraud, dishonesty, or tortious conduct.

TSI International Group Inc. v F. et al.

Procedural Ruling: Striking Pleadings in Wrongful Dismissal

This is a procedural ruling concerning a motion to strike portions of the Defendants' pleadings in a civil action. The court addressed whether the pleadings were prejudicial, irrelevant, or an abuse of process, ultimately striking specific paragraphs for irrelevance while granting leave to amend where the content related to wrongful or constructive dismissal claims.

R. v Leisure World Inc.

This is a wrongful dismissal case involving a procedural motion to strike pleadings. The court addressed issues related to the Limitations Act 2002 in the context of an employment dispute.